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The Justice Department has filed an emergency motion with the DC Circuit Court of Appeals to block plea agreements for three 9/11 conspirators, arguing that Defense Secretary Lloyd Austin has the authority to revoke the deals to ensure justice for the attacks that killed nearly 3,000 people.
Some shit you should know before you read: Last year, military prosecutors at Guantanamo Bay offered plea deals to Khalid Sheikh Mohammed, the alleged mastermind of the September 11, 2001, attacks, and two co-defendants, Walid Bin’ Attash and Mustafa al Hawsawi. These agreements would have allowed the defendants to plead guilty to multiple charges, including murder and terrorism, in exchange for life sentences, removing the possibility of the death penalty. The plea deals were proposed as a way to resolve the long-delayed trials while avoiding contentious legal debates over evidence obtained through torture. However, after public backlash and concerns from lawmakers and victims’ families about the removal of capital punishment, Defense Secretary Austin attempted to revoke the deals, arguing that such a significant decision should require his direct approval. The defendants’ lawyers countered that the agreements were already finalized and could not be rescinded, pointing to stipulations of guilt signed as part of the deal. Military courts subsequently ruled against Austin, stating he lacked the authority to withdraw the agreements after they had been approved by prosecutors.
What’s going on now: In an effort to stop the plea agreements from moving forward, the Department of Justice (DOJ) has filed an emergency motion with the DC Circuit Court of Appeals, seeking to block the deals offered to Khalid Sheikh Mohammed and two co-defendants. The DOJ argues that Defense Secretary Austin had the “clear and indisputable authority” to revoke the agreements, noting that the plea deals were invalid because the defendants had not yet begun performing any promises under the agreements. The motion also claims that proceeding with the plea deals would deny the American public a trial to determine the defendant’s guilt and the possibility of capital punishment for what the government described as “the most egregious criminal act on American soil in modern history.”
This comes as republican lawmakers are advancing legislation to nullify the plea agreements entirely and prevent similar deals in the future. The “Justice for 9/11 Act,” led by Senators Tom Cotton and Mitch McConnell, would mandate that 9/11 suspects face trials where the death penalty remains an option. The proposed legislation also seeks to prohibit the extradition of Guantanamo Bay detainees to other countries and would require them to be held in solitary confinement on the island.
